Canada the Failed Protector: Transfer of Canadian Captured Detainees to Third Parties in Afghanistan

Marc Gionet


As a result of its engagement in combat operations in Afghanistan, the Canadian Forces have detained a number of individuals and subsequently transferred these detainees to a third party. This article will discuss the relevance of international humanitarian law and international human rights law in regards to the responsibility of the Canadian government for the treatment of these individuals. In order to provide an accurate examination of this issue, it is necessary to identify the classification of the armed conflict in Afghanistan during the initial invasion and consequently after the establishment of the Afghan Transitional Government. It will be noted that this shift in classification will have a significant effect on the pertinent rules of international humanitarian law governing the treatment of the detained. However, the consistent applicability of international human rights law will demonstrate its omnipresence, coupled with the prospect of Canadian domestic human rights protections.

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